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HomeMy WebLinkAboutOrdinance 7314 ORDINANCE NO, /�/ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY ADDING THERETO APPENDIX G; PROVIDING FOR THE REGU- LATION AND LICENSING OF THE MOVEMENT AND DEMOLITION OF CERTAIN BUILDINGS AND STRUCTURES; REQUIRING IN GENERAL PERMITS, VEHICLE ESCORTS, UTILITY COMPANY REVIEWS, PERFORMANCE BOND, INSPECTION FEES, LICENSES, INSURANCE; REQUIRING FOR MOVING OF BUILDINGS AND STRUCTURES GOVERNED BY THE BUILDING CODE AND THE MINIMUM BUILDING STANDARDS CODE APPLICATION APPROVAL, A PERMIT, IMPOSITION OF RESPONSIBILITY; REQUIRING FOR MOVING OF BUILDINGS AND STRUCTURES NOT GOVERNED BY THE PROVISIONS OF BUILDING CODE AND MINIMUM BUILDING STANDARDS CODE A PERMIT, PERMIT FEES; REQUIRING FOR DEMOLITION A PERMIT; PROVIDING FOR ENFORCEMENT; MAKING THIS ORDINANCE CUMULA- TIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1, That the Fort Worth City Code (1964) as amended, is hereby amended by adding thereto Appendix G, and after being so amended, same shall read as follows: "ARTICLE I. GENERAL PROVISIONS "Sec, 1, Permits Required. "Except as specifically provided for in this Ordinance, no person, firm or corpora- tion shall move, remove, raze or demolish any building or structure within the City of Fort Worth without first obtaining from the Building Official a moving permit and/or demolition permit; provided, however, a moving permit is not required when a building or structure is being moved pursuant to a permit issued by the State of Texas and when the route of movement is confined to state or federal highways. In addition, no moving permit is required when a newly constructed building or structure is to be moved outside the corporate limits of the City of Fort Worth if the building or structure does not exceed eight feet (81) in width, forty-five feet (45') in length or thirteen feet six inches (1316") in height when loaded on a transporting vehicle and if the moving route has been approved by the Texas Highway Department. " Sec, 2. Vehicle Escort. "Authorized emergency vehicles shall escort any building or structure being moved over the streets in the City of Fort Worth when the loaded height exceeds sixteen feet (16') and the loaded width exceeds twelve feet (12') . " Sec. 3. Utility Company Review. "The appropriate utility company shall be permitted to review the proposed route of move- ment of any building or structure over the streets of Fort Worth when the loaded height of such structure exceeds eighteen feet (181) . The appropriate utility company shall provide men and equipment to remove and replace any overhead service lines when necessary for the completion of the move. The cost of removal and replacement of any overhead service lines shall be paid by the person, firm or corporation granted a moving permit." "Sec. 4. Performance Bond. "Any person, firm or corporation applying for a moving or demolition permit shall be re- quired to furnish to the Building Official a sufficient amount of collateral in the form of a cash bond, cashier's check, letter of credit from a bank or cash in favor of the City of Fort Worth of not less than One Hundred Fifty Dollars ($150.00) or not less than the expenses of the moving or demolition work, whichever amount is greater, and conditioned upon the faithful performance of the moving or demoli- tion. The Building Official shall determine whether the minimum amount is sufficient to complete the performance of moving or demoli- tion work. If the Building Official determines that the minimum deposit is insufficient he shall require an additional deposit to complete the expense of the moving or demolition work. When a firm, person or corporation fails to meet the terms of this Ordinance the deposit shall be forfeited and the Building official shall use said deposit to complete the moving or demolition. -2- Any portion of the deposit remaining after the moving or demolition work shall be returned to the applicant; provided, however, that no performance bond shall be required for the demolition of any buildings accessory to one and two family residences when such demolition work is to be performed by the owner of said residence. " "Sec. 5. Completion of work. "Completion of the work pursuant to a moving or demolition permit shall include the removal of the foundation and any debris caused by such moving or demolition; provided, however, that a concrete slab may remain in place if the Building Official determines the slab is of the sufficient size to accommodate parking. Moreover the applicant shall repair at his own expense any and all damage to public property. " "Sec. 6. Inspection Fee. "Inspection fee shall be paid to the office of the Building Official for any moving or demo- lition work performed within the City of Fort Worth. Such fee shall be in an amount as specified in Chapter 3 of the Building Code of the City of Fort Worth, as amended." "Sec. 7. Expiration and Invalidity of Permit. "A permit for moving or demolition work shall expire and be invalid of the moving or demolition work has neither commenced within ten (10) days nor has been completed within sixty (60) days. Provided, however, that nothing contained herein shall prohibit the Building Official from extending the expiration date of a moving or demolition permit upon a showing by the applicant that a completion date greater than sixty (60) days is required." "Sec. 8. License Required. "All moving and demolition contractors shall obtain from the City of Fort Worth a license to conduct their business within the corporate limits of the City. Provided, however, that no license shall be required for the demoli- tion of one and two family residences and buildings accessory thereto when such demolition work is to be performed by the owner of such property." -3- "Sec, 9. Insurance Required. "Any license required by this section shall not be issued until the certificate of insurance required by this Ordinance has been filed with the Building Official, " "Sec, 10. Revocation of License. "The Director of Public Works of the City of Fort Worth may revoke any license required by this Ordinance when the conditions of any permit or license have been violated. The Director may reinstate such revoked license at any time within one (1) year of such revocation provided that the basis for the revocation no longer exists. " "Sec, 11, Revocation of Permit "The Director of Public Works of the City of Fort Worth or his authorized agent may revoke any permit required by this Ordinance when the conditions of such permit have been violated. The Director or his agent may reinstate the permit at any time within one (1) year after the revoca- tion. " "Sec. 12. Emergency Authority. "When it is determined that any work is being performed under license or permit required by this Ordinance in a reckless or careless man- ner, or in violation of any ordinance of the City of Fort Worth, or in such a manner as to endanger life and/or property, the Director of Public Works of the City of Fort Worth or his authorized agent is hereby authorized to revoke such permit and to order work to be halted. When such work has been halted by the Director it shall not be resumed until said Director or his agent has approved precautionary measures to be taken for the pro- tection of life and/or property. Provided, however, nothing contained herein shall preclude the Director of Public Works or his authorized agent from enfor- cing any provision of the Code of the City of Fort Worth, as amended," "Sec, 13. City Liability, "The approval of any application and is- suance of any permit shall in no way be con- strued as an assumption of responsibility or liability for any damages or injuries to per- sons or property arising out of or incident to the moving of any building or structure. " -4- "ARTICLE II MOVING OF BUILDINGS AND STRUCTURES GOVERNED BY THE BUILDING CODE AND THE MINIMUM BUILDING STANDARDS CODE "Sec, 14, Moving Application Approval, "The Building Official shall not approve any application for the moving of buildings and structures governed by the Building Code of the City of Fort Worth, as amended, and the Minimum Building Standards Code of the City of Fort Worth, as amended, unless he first finds that: " (a) The applicant has filed in the City Secretary's Office a cer- tificate showing that the appli- cant has secured and agrees to keep in force during the term of the permit or license a policy providing for bodily injury and property damage insurance in the amounts as follows: Property Damage, per accident, , , ,,, , $ 50,000 Personal Injury or Death, per person. . 100,000 Personal Injury or Death, per accident. ., , ,, . . , .. 300,000 Such insurance policy shall pro- vide that it cannot be cancelled or amended without at least thir- ty (30) days' notice to the City Secretary, " (b) That the applicant has covenanted and agreed in writing to indemnify, hold harmless and defend at its own expense, City, its officers, agents and employees from and against any and all claims or suits for property damage and/or personal injury, in- cluding death, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance or attemp- ted performance of moving of such buildings and structures governed herein whether or not caused, in whole or in part, by alleged -5- negligence of officers, agents or employees of City; and the appli- cant hereby assumes all liability and responsibility for any and all claims or suits for property damage and/or personal injury, including death, of whatsoever kind or character, whether real or asserted, arising out of, or in connection with, the exe- cution, performance, or attempted performance of said moving of such building, whether or not caused, in whole or in part, by alleged negli- gence of officers, agents or employees of City. Applicant likewise covenants and agrees, and does hereby indemnify and hold harmless City from and against any and all injuries, damage, or destruction of City property arising out of, or in connection with, direct- ly or indirectly, all acts or omissions of applicant, his officers, agents, employees, contractors, subcontractors or invitees, or caused by alleged negligence in whole or in part, of officers, agents or employees of City. " (c) The applicant has stated the route to be followed and the height and weight of the load to be moved. " (d) The applicant has recently surveyed the route to be followed and has certified to the Building Official that the move can be accomplished over such route without causing dam- age to public or private property. "Sec. 15. Application Approval and Issuance of Permit "The Building Official shall approve the appli- cation and issue the permit only if he finds that the applicant has complied with the applicable pro- visions of this ordinance. " "Sec. 16, Notification. "The Building Official shall notify in writing all agencies having jurisdiction in the moving of oversize and overweight loads over the streets of the City of Fort Worth. The notification shall contain the approved application and statement of the route to be followed." "Sec. 17. Inspection. -6- "No moving permit shall be issued until the Building Official has inspected the buiding or structure to be moved and is satisfied that the information contained in the application is true and correct." "Sec. 18. Issuing Permit. "The Building Official shall issue the moving permit when the applicant has complied with the provisions of this Ordinance and all agencies having jurisdiction or interest in the proposed move have been notified and have raised no objection to the proposed route of the move." "Sec. 19. Applicant's Responsibility. "The applicant shall be held responsible for all actions on the part of any person, firm, cor- poration, agent,seivant,or employee engaged by the applicant to perform work covered in the application for a moving permit. The applicant shall take the following precautionary actions: " (a) The moving of a building or structure shall proceed in a care- ful manner. The applicant shall exercise diligence and caution so as to avoid the injury or destruc- tion of trees, signs, curbing, side- walks, traffic control devices and any other public or private property. " (b) Prior to entrance on public property, the applicant shall notify the Traf- fic Division of the Fort Worth Police Department and any county, state or federal agency having jurisdiction over the proposed route of the pro- posed move. The applicant shall com- ply with all rules and regulations and instructions concerning the date, time and precautionary measures necessary to insure public safety and protect property. " (c) The applicant shall furnish and maintain at all times all necessary warning lights, men, equipment, and flagmen necessary to insure public safety and protect property. " (d) The applicant shall obtain permission from railroad company officials before crossing any railroad tracks. -7- " (e) The applicant shall post the permit on an obvious and con- spicuous place on the building or structure being moved. " (f) The applicant shall report to the chief dispatcher of the Fire Department on the day prior to the move the time at which the move will start, the route to be followed, and the estimated time of use of the public streets. " (g) The move shall be continuous during all hours of the day or night unless it is stopped by conditions beyond the control of the applicant. When a build- ing or structure must be stopped on public property for more than one hour, the applicant shall im- mediately notify the chief dis- patcher of the Police and Fire Departments and take all precau- tionary measures necessary to insure public safety. " (h) The route shall not be changed until the Traffic Division of the Fort Worth Police Depart- ment and any county, state or federal agency having jurisdic- tion over the proposed route have been notified of the change. " "Sec. 20. Notification and Responsibility for Damage. "As soon as possible after the building or structure has reached its destination, the appli- cant shall notify the Building Official and report any damage that has occurred to public or private property. The applicant at the direction of the Building Official shall repair and/or replace or cause to be repaired and/or replaced damaged or destroyed public property. Within ten (10) days after receipt of notification from the Building Official, the applicant shall start all required repairs and/or replacement of damaged or destroyed public property and shall complete said repairs or replacements within ten (10) calendar days. " "Sec. 21. Failure to Repair or Replace. "When the provisions of this Ordinance are not complied with the City of Fort Worth is authorized to proceed with the required repairs and/or replacements. The City may then insti- tute legal action to reclaim any expenses incurred by reason of such repairs and/or replacements. At the request of the Public Works Director the Building Official is hereby invested with authority to withhold future moving permits requested by any person, firm or corporation because of failure of that person, firm or corporation to make proper repairs and/or replacements of public property. The Building Official may withhold any future per- mits because of any failure to comply with the provisions of this ordinance. "ARTICLE III MOVING OF BUILDINGS AND STRUCTURES NOT GOVERNED BY THE PROVISIONS OF THE BUILDING CODE AND MINIMUM BUILDING STANDARDS CODE "Sec. 22. Specific Moving Requirements Governing weight Load. "Any motor vehicle when loaded shall be re- quired to have a permit issued by the Building Official if the total single axle load exceeds: 12,000 lbs./sq.ft, for a motor vehicle to be driven on residential streets; 18,000 lbs.sq.ft, for a motor vehicle to be driven on business streets; 24,000 lbs./sq.ft, for a motor vehicle to be driven on public thorough- fares-, provided, however, that the provisions of this Sec- tion shall not apply to: -- (a) motor vehicles used exclusively to transport redi-mix concrete if the tandem axle load of said motor vehi- cle does not exceed thirty-six thou- sand (36,000) pounds, the single axle load of said motor vehicle does not exceed twelve thousand (12,000) pounds, and the gross weight does not exceed forty-eight thousand (48,000) pounds, " (b) Any person operating or causing to be operated a motor vehicle pursuant to a valid permit for the operation of overweight or oversize equipment for -9- transportation on the highways of the State of Texas for which the State of Texas has issued a permit; " (c) Any emergency vehicle operating in response to any emergency call; " (d) Any vehicle operating for the pur- pose of constructing or maintaining any public utility in the City of Fort Worth, "Sec, 23, Application for Permit, "The application for a permit to operate an overweight and/or oversize load or loads on the streets of the City of Fort Worth shall contain: " (a) The weight, kind, and complete de- scription of the equipment to be operated. " (b) The kind of commodity to be trans- ported and the certification of the commodity's weight. " (c) The name of the street or streets over which the equipment is to be operated, the date or dates of such operation, the time of the opera- tion and the number of trips to be made. " (d) The date and signature of the applicant. "Sec. 24, Approval of Application, "An application shall not be approved unless: " (a) The applicant has filed in the City Secretary's Office a certi- ficate showing that the applicant has secured and agrees to keep in force during the term of the permit or license a policy providing for bodily injury and property damage insurance in the amounts as follows: Property Damage, per accident,......... $ 50,000 Personal Injury or Death, per person,,,.. 100,000 -10- Personal Injury or Death, per accident.. 300,000 Such insurance policy shall pro- vide that it cannot be cancelled or amended without at least thirty (30) days' notice to the City Secretary. " (b) That the applicant has covenanted and agreed in writing to indemnify, hold harmless and defend at its own expense, City, its officers, agents and employees from and against any and all claims or suits for property damage and/or personal injury, including death, of whatso- ever kind or character, whether real or asserted, arising out of or in connection with the execution, per- formance or attempted performance of moving of such structures gov- erned herein whether or not caused, in whole or in part, by alleged negligence of officers, agents or employees of City; and the appli- cant hereby assumes all liability and responsibility for any and all claims or suits for property damage and/or personal injury, including death, of whatsoever kind or char- acter, whether real or asserted, arising out of, or in connection with, the execution, performance, or attempted performance of said moving of such structure, whether or not caused, in whole or in part, by alleged negligence of officers, agents or employees of City. Appli- cant likewise covenants and agrees, and does hereby indemnify and hold harmless City from and against any and all injuries, damage or destruc- tion of City property arising out of, or in connection with, directly or indirectly, all acts or omissions of applicant, his officers, agents, employees, contractors, subcontract- ors or invitees, or caused by al- leged negligence in whole or in part, of officers, agents or employ- ees of City. " (c) A permit fee according to the fol- lowing table has been paid: -11- PERMIT FEES OVERWEIGHT VEHICLES Time Period Fee Single Trip---------$ 5.00 Not Exceeding 30 Days---------------- 10.00 Not Exceeding 60 Days---------------- 15.00 Not Exceeding 90 Days---------------- 20.00 Not Exceeding One Year---------------- 50.00 Permit fee shall be returned if the application is denied. "Sec. 25. Prima Facie Evidence, "The Building Official may adopt as evi- dence of the weight and/or size of any load to be driven on the streets of the City of Fort Worth any document issued by a state or federal agency if such document states the weight and/or size of the load." "Sec. 26. Permit Form. "Any permit issued hereunder shall include the following: " (a) The name of the applicant, the date, a description of the equipment to be operated and a description of the commodity to be transported; and " (b) The period of time for which the permit is issued, and 11 (c) The street or streets over which the equipment is to be operated. "Sec, 27. Issuance of Permit. "The Building official shall approve the permit to operate an overweight and/or oversize load on the streets of the City of Fort Worth when he has determined that the application satis- fies all requirements of this Ordinance. -12- ARTICLE IV. DEMOLITION "Sec. 28. Demolition Application Approval. "The Building Official shall not approve an application for demolition until: " (a) The applicant has filed in the City Secretary's office a certi- ficate showing that he has secured and paid for a policy providing for bodily injury and property damage insurance in the amounts as follows: Property Damage, per accident---------- $ 50,000 Personal Injury or Death, per person----- 100,000 Personal Injury or Death, per accident--- 300,000 with an insurance company satisfac- tory to the Building Official. Such insurance policy shall provide that it cannot be cancelled or amended without thirty (30) days written notice to the City Secretary of the City of Fort Worth. No certifica- tion of insurance shall be required for the demolition of one and two family residences and accessory build- ings thereto when such demolition is to be performed by the property owner; and " (b) That the applicant has covenanted and agreed in writing to indemnify, hold harmless and defend at its own expense, City, its officers, agents and employees from and against any and all claims or suits for property damage and/or personal injury, includ- ing death, of whatsoever kind or char- acter, whether real or asserted, arising out of or in connection with the exe- cution, performance or attempted per- formance of such demolition governed herein uhether or not caused, in whole or in part, by alleged negli- gence of officers, agents or employees of City; and the applicant hereby as- sumes all liability and responsibility for any and all claims or suits for -13- property damage and/or personal injury, including death, of what- soever kind or character, whether real or asserted, arising out of, or in connection with, the execution, performance, or attempted performance of said demolition, whether or not caused, in whole or in part, by al- leged negligence of officers, agents or employees of City. Applicant like- wise covenants and agrees, and does hereby indemnify and hold harmless City from and against any and all injuries, damage or destruction of City property arising out of, or in connection with, directly or indi- rectly, all acts or omissions of applicant, his officers, agents, employees, contractors, subcontract- ors or invitees, or caused by al- leged negligence in whole or in part, of officers, agents or em- ployees of City; and, " (c) An additional permit is secured from the Fire Marshall of the City of Fort Worth if the demolition is to be performed by the use of explosives; and, " (d) The provisions of Chapter 44 of the Building Code of the City of Fort Worth have been complied with, if said application requires such com- pliance. "Sec. 29. Special Demolition Restrictions. "No material shall be thrown from a building on to a public sidewalk or street, but shall be conveyed to the ground by a chute approved by the Building Official. All demolition projects lo- cated within one hundred feet (1001) of a public street, alley, or adjoining property shall be performed in such a manner as not to constitute a public nuisance." "Sec. 30. Revocation of Permit. "Failure to comply with the following re- strictions shall result in revocation of the demolition permit: " (a) Placing any materials and/or equip- ment in the structure to be demol- ished when such materials and/or equipment exceed the designed load -14- limit of any floor of the structure, " (b) Blasting, pulling or throwing of walls without special ap- proval of the Building Offi- cial. " (c) Violation of any provision of the Building Code of the City of Fort Worth, " SECTION 2, That this Ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth, 1964, as amended, relative to moving and demolition of buildings and structures except in those instances where the provisions of this Ordinance are in direct conflict with the provisions of such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 3, That if any section, part of a section or pro- vision of any section of this Ordinance shall be held to be void, ineffective or unconstitutional by a court of com- petent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this Ordinance, which shall remain in full force and ef- fect, The City Council would not have passed any sections, parts of sections or provisions of any section of thisOrdi- nance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this Ordinance, -15- SECTION 4. That any person, firm or corporation violating any of the provisions of this Ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200.00) , and each violation thereof shall constitute a separate offense. SECTION 5. That this Ordinance shall become effective and be in full force and effect thirty days from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council Effective -16- City of Fort Worth, Texas UNE Mq WULIFF Mayor and Council Communication GRAHAM DATE REFERENCE SUBJECT: Proposed Moving and Demolition PAGE ►AIGN NUMBER 3/8/76 G-2993 Ordinance Iof 1 D'DELL In January 1976, the staff advised the City Council of problems in enforcing the existing Building Moving and Demolition Ordinance. Since that time, the staff has reviewed the existing ordinance and determined that the delay in demolishing substandard structures is largely due to inability to revoke a demolition permit. The proposed revised ordinance would allow a person ten days to commence demolition procedures and sixty days to complete the process; whereas the present ordinance allows sixty days to commence demolition and an additional 120 days before the permit can be revoked if no work has been done on the property. The ordinance would also provide an exception for work that obviously cannot be completed within sixty days. In these cases, the completion date will be affixed to the permit at the time of issuance. Article III of the proposed ordinance has been revised so as to enable stricter enforcement of the moving of structures within the City limits of Fort Worth. Another feature is that the ordinance would provide for licensing and bonding of moving and demolition contractors and a process for revocation of licenses for unsatisfactory performance. Under the new ordinance, it is the responsibility of the Building Official to issue overweight and oversize moving permits for structures other than buildings. These permits are presently being issued by the Public Works Engineering Division. These duties are being transferred to the Public Works Building Inspection Division in order to centralize the issuance of all moving permits. Staff has met with several affected business concerns on both the moving and demolition recommended changes and have not received any opposition to the proposed Building Moving and Demolition Ordinance revision. Recommendation It is recommended that the attached Moving and Demolition of Buildings and Structures Ordinance be adopted as written. RNL:cc Attachment SUBMITTED BY: DISPOSITION BY COUNCIL: PROC B G"PPROVED ❑ OTHER (DESCRIBE) 1-7��� CITY SECRETARY DATE CITY MANAGER